West Bengal

Paschim Midnapore

CC/155/2014

Smt. Susmita Chowdhury - Complainant(s)

Versus

Shri Abhisek Ghosh - Opp.Party(s)

17 Feb 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.155/2014                                                                                                Date of disposal: 17/02/2015                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                             MEMBER :  Mrs. Debi Sengupta.

                                             MEMBER :  Mr. Kapot Chattopadhyay.       

       For the Complainant/Petitioner/Plaintiff : Mr.D. Ghosh, Advocate.

       For the Defendant/O.P.S.                         :   

 

 

         Smt. Susmita Chowdhury, W/o-Sri Dipankar Chowdhury, B-20, Burdge Town,                

        

         P.O.-Midnapore, P.S.-Kotwali, Dist-Paschim Medinipur…..Complainant.

 

Vs.

          

         Shri Avisek Ghose, S/o-Manik Ghose, authorized person of GHOSE SPECIAL, 234, Strand

 

        Road, Kolkata-700001…………..Op.

                                                          

Mrs. Debi Sengupta, Member.

 

Complainant is present. Today is fixed for exparte hearing. Hd. Ld. Advocate and perused the documents. It appears from the record that the Ops. are avoiding their appearance despite having received the notice in due time. Thus there exists strong reason to believe that the Op. is willfully avoiding his appearance in this case. Ld. Advocate for the Complainant filed relevant documents on the point of service of notice. In view of the present circumstances and the material on records there are no options but to hear the case exparte.

Accordingly the case is heard and considered. The case of the Complainant in a nutshell is the complainant paid Rs.20,000 (Twenty thousand) only as advance money to the Op on account of cost of a tour programme of the complainant and her family members to Rajasthan.

The complainant and her family member namely Dipankar Chowdhury. Disha Chowdhury

and Sayantani Mitrawanted to go tour in Rajasthan as such the complainant met the Op. who is the authorized person of Ghosh Special situated Strand Road, Kolkata.700001.

That accordingly the complainant met the Op. who told the complainant that total of

Contd…………..P/2

 

-( 2 ) -

Rs.60,000 (Sixty thousand) only is the cost for the four persons i.e. Rs.15,000/- each for the tour programme in Rajasthan for 14 days which to be commenced from 30/09/2014.

As per the talk between the complainant and the Op. the complainant decided is go to the Rajasthan and the Op. will hand over the original confirmed train ticket for onward and return journey for Rajasthan tour. It is said by the Op. specially on 29/09/2014. i.e. just prior the date of journey to Rajasthan  the ticket will be purchased.

As per the verbal conversation the complainant paid Rs.20,000  as advance for Rajasthan Tour and the Op. issued receipt for the payment  of Rs.20,000  and it is further agreed between the parties that the rest amount of Rs.40,000  (Four thousand) only and other cost to be paid by the complainant to the Op. after periodical duration.

That on 29/09/2014 while the complainant went to the Op. he could not handed over the confirmed ticket for onward journey to Rajasthan. He only showed two tickets for complainants family and for return journey which the Op. given to the complainant. All those tickets were not confirmed ticket and the said ticket are for break up journey but not direct by from Jodhpore to Howrah. That as the Op. could not handed over the confirmed tickets to the complainant for up and down journey. So the complainant and her family could not avail the said tour and accordingly the complainant asked the Op. to refund the money of  Rs.20,000 (Twenty thousand) only. Op. issued a cheque being No.776573 in favour of the complainant of Rs.20,000  dated 29/09/2014 drawn on Yes Bank Ltd., Stephen House, 56, Hemanta Basu Sarani on that date Op. took the original money receipt from the complainant.

That after getting the cheque the complainant deposited the said cheque the complainant deposited the said cheque for encashment with Bank of Borada but the said cheque has been bounced due to insufficient of funds in the account of the Op.

That the complainant informed the Op. everything and asked him to refund the aforesaid advance money of Rs.20,000. Op delayed the matter and ultimately on 28/11/2014 refused to pays the said money to the complainant to which the complainant has sustained a great loss.

Being aggrieved the complainant has come before us with a prayer to pay the advance money of Rs.20,000 to the complainant along with its up to date interest and  also to pay a sum of Rs.50,000 be granted as cost of damages and compensation in favour of the complainant and also a sum of Rs.20,000 as litigation cost due to deficiency of service on the part of the Op.

In this connection, some documents namely.

1)Photocopy of the money receipt dated 25/09/2014 issued by Ghosh Special in favour of complainant Smt. Susmita Chowdhury;

2)Photocopy of the documents of estimate of expenses for the Rajasthan tour;

Contd…………..P/3

 

 

-( 3 ) -

3)Photocopy of two tickets dated 12/10/2014 from Jodhpur to Varanasi (RAC ticket) and dated 13/10/2014 from Varanasi to Howrah (Waiting List)

4)Photocopy of the cheque No.776573 dated 29/09/2014 of Rs.20,000

5)Photocopy of the return memo dated 14/10/2014.

We have carefully considered the case supported by the above documentary evidence.

In view of the fact, it is crystal clear that the Op. avoids to return back the advance money of Rs.20,000 (Twenty thousand) only for Rajasthan tour.

So, it is a fit case to hold that the complainant has proved the allegation of deficiency in service against the Op.

Hence,

           It is ordered,

                                that the complainant case be and the same is allowed exparte. The complainant to get the advance money of Rs.20,000  with up to date interest.

Op. is also directed to pay a sum of Rs.20,000  (Twenty thousand) only damages and compensation and further sum of Rs.10,000 (Ten thousand) only for litigation  costs within 60 days from the date of this order, in default, the complainant is at liberty to proceed with the matter in accordance with the provisions of law in this behalf .

  

Dictated & Corrected by me

              

            Member                                              Member                                     President

                                                                                                                    District Forum

                                                                                                                 Paschim Medinipur.